BCU recognized an attempt to convene illegal conference of advocates of Kyiv City as illegitimate
The Bar Council of Ukraine recognized that the meeting of lawyers, which took place in Kyiv on October 7, 2017, fell short from the definition of a conference of advocates of the region. Decisions adopted at such a meeting have no legal consequences.
This is stated in the BCU decision No. 227 as of November 15, 2017, "Concerning issues that arose in connection with the meeting called 'Reporting and Election Conference of Kyiv City advocates' on October 7, 2017.
The relevant meeting was held without representational quota set by the Bar Council of Ukraine, as well as without approved procedure of nomination and election of conference delegates, and without approved Rules of Procedure. Thus, the meeting did not conform to the provision of the Law 'On the Bar and Practice of Law' (Arts. 47, 55) and binding decisions of the BCU.
Besides that, the initiator of the said meeting, Inna Rafalska, had no right to practice law and participate advocates' self-government, because her license was suspended on 17 August 2017. This is another proof that she assumed powers of the Chair of the Kyiv City Bar Council, by way of sending to the Bar Council of Ukraine the 'Protocol of the Reporting and Election Conference of Kyiv City Advocates as of October 7, 2017.'
In connection therewith, the BCU, by way of its another decision, refused to issue Mrs. Rafalska the password for administrative access to Kyiv City Bar Council section of Unified Register of Advocates of Ukraine, since she was not properly authorized.
The Bar Council of Ukraine also decided to address law enforcement agencies and courts in Kyiv City to refute the information provided by Mrs. Rafalska in her letters to them. She also baselessly claimed that Kyiv City Bar Council of Kyiv was elected anew, and called offal the powers of attorney issued to Petro Riabenko, incumbent Chair of the Kyiv City Bar Council. Also, BCU continually asserts that excerpts from URAU issued and signed by Mrs. Rafalska are null and void.
The BCU maintains that Kyiv Bar Council was formed at the conference of advocates of the region on October 8, 2016, and continues its work without any interruptions. The second-level URAU administrator is Petrj Riabenko, incumbent Chair of the Kyiv City Bar Council.
Given that, the BCU also decided to address QDCB of Kyiv City with complaints against inappropriate behavior of some advocates, that, contrary to the law and decisions of the BCU, knowing full-well about the legitimate status of the Kyiv City Bar Council and QDCB of Kyiv City, agreed to be allegedly elected to the advocates' self-government at a meeting that did not have the status of the conference.
Popular news
Guarantees of the practice of law
Proceedings opened following attack on advocate in Dnipro
The Committee for the protection of advocates' rights and guarantees of legal practice of the UNBA appealed to law enforcement agencies in connection with an advocate's report of an attack while performing his professional duties. The information was entered into the Unified Register of Pre-trial Investigations and a pre-trial investigation was initiated.
Abroad
UNBA office opens in EU capital
To strengthen the institutional presence of the Ukrainian advocacy community at the European level, an office of the Ukrainian National Bar Association has been opened in Brussels (Belgium), which will serve as a permanent platform for dialogue with European partners.
Guarantees of the practice of law
Identifying an advocate with a client is a blow to justice, — V. Gvozdiy
By defending individuals in criminal proceedings, advocates are in fact fighting for every person's right to a fair trial. Therefore, any identification of an advocate with their client is a blow not only to the profession, but also to justice itself.
Guarantees of the practice of law
Impunity for public stigmatization of advocates violates the constitutional right to defense
The prohibition of identifying an advocate with a client is an international standard enshrined in the Law «On advocacy and legal practice». However, without accountability, this guarantee does not work, which poses a direct threat to the realization of the right to defense and the principle of adversarial proceedings.
Legislation
Inheritance of a share in joint property and more: advocates have made comments
In the event of the death of one of the subjects of joint shared ownership, the shares of each of the co-owners in the joint shared ownership shall be deemed equal, unless otherwise agreed between them, by law, or by a court decision.
Legislation
Implementation of the Roadmap: the composition of the working group ensures a high level of expertise
The composition of the Working Group on the implementation of the Roadmap on the rule of law in relation to advocacy demonstrates the high institutional level of the experts involved by the Ukrainian National Bar Association in the formation of a package of decisions.
Legislation
UNBA initiatives to implement the Roadmap were supported by international experts
International experts who participated in the inaugural meeting of the Working Group on the implementation of the Roadmap on the rule of law in advocacy and agreed to join it expressed their support for the initiative of the Ukrainian National Bar Association.
Legislation
How will the group responsible for implementing the Roadmap for advocacy operate?
The working group on the implementation of the Roadmap on the rule of law in the area of advocacy will operate at several levels: plenary meetings as a platform for adopting framework decisions, a coordination bureau for compiling documents and calendar control, and thematic subgroups for preparing norms and their justification. International experts will verify the results against European standards and «red lines».
Publications
Volodymyr Matsko Extradition as a systemic form of rights violations
Victoria Yakusha, Law and Business The anti-corruption vertical cannot «take care» of the Bar as an institution, - acting head of the HQDCB
Censor.net Protecting advocates – protecting justice: addressing concerns about the new law
Ihor Kolesnykov A BRIEF SUMMARY REGARDING THE APPLICATION OF THE ORDER ON EXTENDED CONFISCATION IN LATVIA REGARDING FINANCIAL ASSETS OF…
Valentyn Gvozdiy WORKING IN A WAR ZONE
Lydia Izovitova Formula of perfection
Sergiy Vylkov Our judicial system is so built that courts do not trust advocates
Iryna Vasylyk Advocacy in the proclamation of Independence of Ukraine